Major Market Radio v. Shah CA4/2

I.

INTRODUCTION

Major Market Radio, LLC appeals from the trial court’s order denying its request

for a default judgment, an award of damages, and attorney’s fees, and the court’s order

dismissing its case for failure to prosecute. We affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND

In December 2017, Major filed and served a complaint against Suresh C. Shah

alleging claims for breach of contract, fraud, and tortious interference with prospective

economic advantage. Major alleged that Shah fraudulently induced Major into renting an

office building from him, repeatedly breached their rental lease agreement, and

intentionally interfered with Major’s negotiations with a prospective tenant for another

property. Major sought “at least $100,000” in damages, attorney’s fees, and costs for

each cause of action, as well as punitive damages for its second and third causes of

action.

Because Shah did not timely respond to the complaint, Major requested a default

judgment against him in February 2018. Two days later, the trial court issued an order to

show cause (OSC) directing Major to explain “why sanctions should not be impose[d] for

failure to file default judgment.”

2 About…